Page:The World's Most Famous Court Trial - 1925.djvu/99



Court met pursuant to recess.

The Bailiff—Is Preacher Stribling in the house?

The Court—Will everyone stand up? Mr. Chairman of the ministers' association, have you—who did you appoint as the minister to open court with prayer?

The Rev. Stribling—The Rev. Dr. Potter.

The Court—Dr. Potter, come forth to the judge's rostrum and open court with prayer.

Mr. Potter—Oh, Thou to Whom all pray and for Whom are many names, lift up our hearts this morning that we may seek Thy truth. May we in all things uphold the ends of justice and seek that those things may be done which will most redound in honor to Thy glory and to the progress of mankind toward Thy truth. Amen.

The Court—Everybody rise, please.

The Court—Open court, Mr. Sheriff.

The Bailiff—Oyez, oyez, this honorable circuit court is now open pursuant to adjournment. Sit down, please.

Dr. Neal—I want to renew our objection to the prayer and I want the courtesy of the court just a moment to explain my particular attitude. I join with counsel on this side in their objection, but I think that it is such an important matter that I would like the courtesy of the court just a moment to explain my individual reaction or attitude toward this particular exception.

The Court—I will hear you, Judge Neal.

Dr. Neal—Being very breifbrief [sic], indeed. First, may it please your honor, I would like that you read from a case a very well-known principle of law, and I think you will agree with me when I read it. "The courts will take judicial notice that the religious world is divided into numerous sects and of the general doctrines—" this is quoting from the case of State vs. District Board, 76 Wis., 177—"the courts will take judicial knowledge that the religious world is divided into numerous sects and of the general doctrines maintained by each sect; for these things pertain to general history, and may fairly be presumed to be subjects of common knowledge. Thus they will take cognizance, without averment, of the facts that there are numerous religious sects called Christian, respectively maintaining different and conflicting doctrines; that some of these believe the doctrine of predestination, while others do not; some the doctrine of eternal punishment of the wicked while others repudiate it; some the doctrines of the apostolic succession and the authority of the priesthood, while others reject both; some that the Holy Scriptures are the only sufficient rules of faith and practice, while others believe that the only safe guide to human thought, opinion and action is the illuminating power of the divine spirit upon the humble and devout heart; some in the necessity and efficacy of the sacraments of the church, while others reject them entirely; and some in the literal truth of the Scriptures, while others believe them to be allegorical, teaching spiritual truths alone, or chiefly."

Now, may it please your honor, we differ, of course, very widely with the attorney-general in his opening statement that this is not a religious case. We differ very widely with him in his interpretation of this act—in his effort to simply split the act in two and take the latter clause as the whole of the act. Therefore, believing as we do firmly that certain great